Cable Viewer

Currently released so far... 3428 / 251,287

### Articles

Brazil Sri Lanka United Kingdom Sweden Editorial United States Latin America Egypt

### Browse latest releases

2010/11 2010/12 2011/01 2011/02
2010/11/28 2010/11/29 2010/11/30
2010/12/01 2010/12/02 2010/12/03 2010/12/04 2010/12/05 2010/12/06 2010/12/07 2010/12/08 2010/12/09 2010/12/10 2010/12/11 2010/12/12 2010/12/13 2010/12/14 2010/12/15 2010/12/16 2010/12/17 2010/12/18 2010/12/19 2010/12/20 2010/12/21 2010/12/22 2010/12/23 2010/12/24 2010/12/25 2010/12/26 2010/12/27 2010/12/28 2010/12/29 2010/12/30
2011/01/01 2011/01/02 2011/01/04 2011/01/05 2011/01/07 2011/01/09 2011/01/10 2011/01/11 2011/01/12 2011/01/13 2011/01/14 2011/01/15 2011/01/16 2011/01/17 2011/01/18 2011/01/19 2011/01/20 2011/01/21 2011/01/22 2011/01/23 2011/01/24 2011/01/25 2011/01/26 2011/01/27 2011/01/28 2011/01/29 2011/01/30 2011/01/31
2011/02/01 2011/02/02 2011/02/03

### Browse by creation date

66 72 73 75 79 86 88 89 90 00 01 02 03 04 05 06 07 08 09 10
1966/12
1972/02 1972/08
1973/04
1975/03
1979/08
1986/05
1988/01
1989/12
1990/01 1990/07 1990/08
2000/06 2000/09 2000/11
2001/02 2001/03 2001/07 2001/10
2002/02 2002/03 2002/11
2003/03 2003/04 2003/05 2003/06 2003/07 2003/08 2003/09 2003/10 2003/11 2003/12
2004/01 2004/02 2004/03 2004/04 2004/05 2004/06 2004/07 2004/08 2004/09 2004/10 2004/11 2004/12
2005/01 2005/02 2005/03 2005/04 2005/05 2005/06 2005/07 2005/08 2005/09 2005/10 2005/11 2005/12
2006/01 2006/02 2006/03 2006/04 2006/05 2006/06 2006/07 2006/08 2006/09 2006/10 2006/11 2006/12
2007/01 2007/02 2007/03 2007/04 2007/05 2007/06 2007/07 2007/08 2007/09 2007/10 2007/11 2007/12
2008/01 2008/02 2008/03 2008/04 2008/05 2008/06 2008/07 2008/08 2008/09 2008/10 2008/11 2008/12
2009/01 2009/02 2009/03 2009/04 2009/05 2009/06 2009/07 2009/08 2009/09 2009/10 2009/11 2009/12
2010/01 2010/02

### Browse by origin

A B C D F G H I J K L M N O P Q R S T U V W Y Z
Embassy Athens Embassy Asuncion Embassy Astana Embassy Asmara Embassy Ashgabat Embassy Ankara Embassy Amman Embassy Algiers Embassy Addis Ababa Embassy Accra Embassy Abuja Embassy Abu Dhabi Embassy Abidjan Consulate Amsterdam American Institute Taiwan, Taipei
Embassy Bujumbura Embassy Buenos Aires Embassy Budapest Embassy Bucharest Embassy Brussels Embassy Bridgetown Embassy Bratislava Embassy Brasilia Embassy Bogota Embassy Bishkek Embassy Bern Embassy Berlin Embassy Belgrade Embassy Beirut Embassy Beijing Embassy Bangkok Embassy Bandar Seri Begawan Embassy Bamako Embassy Baku Embassy Baghdad Consulate Barcelona
Embassy Copenhagen Embassy Conakry Embassy Colombo Embassy Chisinau Embassy Caracas Embassy Canberra Embassy Cairo Consulate Curacao Consulate Casablanca Consulate Cape Town
Embassy Dushanbe Embassy Dublin Embassy Doha Embassy Djibouti Embassy Dhaka Embassy Dar Es Salaam Embassy Damascus Embassy Dakar Consulate Dubai
Embassy Freetown
Embassy Guatemala Embassy Gaborone
Embassy Harare Embassy Hanoi Consulate Hamburg
Iran RPO Dubai Embassy Islamabad Consulate Istanbul
Embassy Jakarta Consulate Jerusalem Consulate Jeddah
Embassy Kyiv Embassy Kuwait Embassy Kuala Lumpur Embassy Kinshasa Embassy Kigali Embassy Khartoum Embassy Kampala Embassy Kabul
Embassy Luxembourg Embassy Luanda Embassy London Embassy Lisbon Embassy Lima Embassy La Paz Consulate Lagos
Mission USNATO Embassy Muscat Embassy Moscow Embassy Montevideo Embassy Monrovia Embassy Minsk Embassy Mexico Embassy Maputo Embassy Manama Embassy Managua Embassy Madrid Consulate Munich Consulate Montreal Consulate Monterrey
Embassy New Delhi Embassy Nassau Embassy Nairobi Consulate Naples
Embassy Ouagadougou Embassy Ottawa Embassy Oslo
Embassy Pristina Embassy Pretoria Embassy Prague Embassy Port Au Prince Embassy Phnom Penh Embassy Paris Embassy Paramaribo Embassy Panama Consulate Peshawar
Embassy Quito
REO Basrah Embassy Rome Embassy Riyadh Embassy Riga Embassy Reykjavik Embassy Rangoon Embassy Rabat Consulate Rio De Janeiro Consulate Recife
Secretary of State Embassy Stockholm Embassy Sofia Embassy Skopje Embassy Singapore Embassy Seoul Embassy Sarajevo Embassy Santo Domingo Embassy Santiago Embassy Sanaa Embassy San Salvador Embassy San Jose Consulate Strasbourg Consulate Shenyang Consulate Shanghai Consulate Sao Paulo
Embassy Tunis Embassy Tripoli Embassy Tokyo Embassy The Hague Embassy Tel Aviv Embassy Tehran Embassy Tegucigalpa Embassy Tbilisi Embassy Tashkent Embassy Tallinn
USUN New York USEU Brussels US Mission Geneva US Interests Section Havana US Delegation, Secretary UNVIE Embassy Ulaanbaatar
Embassy Vilnius Embassy Vienna Embassy Vatican Consulate Vladivostok
Embassy Windhoek Embassy Wellington Embassy Warsaw
Embassy Yerevan Embassy Yaounde
Embassy Zagreb

### Browse by tag

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
AF ASEC AE AR AG AJ AFIN AU AM APER ABUD ATRN AORC AEMR AMGT ACOA AEC AO AX AMED ADCO AODE AFFAIRS AC AS AL ASIG ABLD AA AFU ASUP AGMT
BU BR BL BO BM BE BH BTIO BEXP BIDEN BK BY BA BG BF BB BC BBSR BRUSSELS BILAT BX
CJAN CH CU CASC CVIS CMGT CO CI CLINTON CIA CG CF CN CS CAN COUNTER CIS CA CBW CM CE CONDOLEEZZA COE CR CY CD CTM COUNTRY CLEARANCE CPAS CWC CT CKGR CB CACS COM COUNTERTERRORISM CDG CACM CDB CV
DR DA DHS DOE DEA DK DJ DISENGAGEMENT DOD DEAX
EU EFIN EG ETTC EINV ENRG EI ECPS EINT ECON EIND ETRD EPET EUN EZ EMIN ELAB EAID EAGR ET EC EAIR ENVR ES ECA EWWT ER ELTN EFIS EN EXTERNAL ECIN EINVETC ENIV EINN ENGR EUR ESA ELECTIONS ECUN EINVEFIN ECIP EINDETRD EUC EREL
FR FINR FAO FTAA FREEDOM FI FARC FBI FMLN FJ
GM GG GH GE GV GT GR GTIP GOI GCC GAZA GZ GTMO GA
HA HILLARY HR HUMAN HO HYMPSK HU HURI HK
IR IZ IS IT INRB IRAJ IN INRA INRO IC ID IIP IAEA ITPHUM IV IPR IWC IQ IO ICTY ISRAELI IRAQI ICRC ICAO IMO IF ILC IEFIN INTELSAT ITALY ITALIAN INTERPOL
JO JA JOSEPH JUS JAMES
KE KTFN KDEM KJUS KNNP KGHG KZ KIPR KWBG KIRF KPAO KDRG KHLS KCRM KSCA KPAL KISL KG KACT KN KS KGIC KRAD KU KCOM KBIO KMCA KCOR KV KHDP KTIP KVPR KDEV KWMN KSPR KTIA KHIV KPRP KAWC KOLY KCIP KCFE KOCI KMDR KPKO KTDB KMRS KFRD KLIG KBCT KICC KGIT KSTC KUNR KPAK KNEI KSEP KPOA KFLU KNUP KNNPMNUC KOMC KAWK KO KTER KSUM KHUM KRFD KBTR KDDG KWWMN KFLO KSAF KBTS KPRV KMPI KNPP KR KPWR KWAC KMIG KSEC KIFR KDEMAF KFIN KGCC KPIN KNUC KPLS KIRC
LE LY LU LG LH LI LO LOG
MARR MOPS MU MASS MY MNUC MCAP MA MO MTCRE MG MASC MX MCC MZ ML MK MTRE MP MIL MDC MTCR MAR MEPI MRCRE MI MT MR MQADHAFI MD MAPS MUCN MPOS MEPP MOPPS MAPP
NATO NIPP NL NO NG NI NE NS NAR NPT NZ NU NPG NK NSG NA NT NASA NATIONAL
OVIP OPRC OREP OIIP ODIP OTRA OSCE OAS OFDP OPIC OPDC OEXC OECD OPCW OSCI OTR OVP OFFICIALS OSAC
PGOV PREL PINS PINR PO PTER PK PHUM PARM PL PE PREF PHSA PBTS PGOF PROP PARMS PA PM PMIL PTERE POL PF PALESTINIAN PY PGGV PNR POV PAK PAO PFOR PHALANAGE PARTY PNAT POLITICS PEPR PSI PINT PSOE PU POLITICAL PARTIES PBIO PECON POGOV PINL PKFK
QA
RS RU RW RP RIGHTS RICE RO ROBERT RF RFE REGION
SU SA SY SP SNAR SENV SCUL SW SOCI SF SO SR SG SMIG SL SN SHUM SZ SYR ST SANC SC SAN SIPRS SK SI STEINBERG
TI TIP TBIO TR TX TU TSPA TS TRGY TH TT TW TERRORISM TO TFIN TD TSPL TZ TPHY TK TNGD TC
UK UNSC UG US UZ UP UNO UNMIK UY UNGA UN UE UNESCO UAE UNEP USTR UNHCR UNDP UNHRC USAID UNCHS USUN USEU UV
VZ VE VT VM VTPREL VN
WA WI WMO WTRO WTRQ WHO WWARD WTO
XA XT XM XY XG XC XH XL XF XZ XW XR XS XK
YM YI YE
ZI ZP ZK ZF ZB ZANU ZOELLICK ZR ZU

### Browse by classification

CONFIDENTIAL CONFIDENTIAL//NOFORN SECRET SECRET//NOFORN UNCLASSIFIED UNCLASSIFIED//FOR OFFICIAL USE ONLY

### Community resources

Follow us on Twitter Check our Reddit Twitter this Digg this page

courage is contagious

### Viewing cable 09MADRID392, SPAIN: ATTORNEY GENERAL RECOMMENDS COURT NOT

If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs
Understanding cables
Every cable message consists of three parts:

- The top box shows each cables unique reference number, when and by whom it originally was sent, and what its initial classification was.
- The middle box contains the header information that is associated with the cable. It includes information about the receiver(s) as well as a general subject.
- The bottom box presents the body of the cable. The opening can contain a more specific subject, references to other cables (browse by origin to find them) or additional comment. This is followed by the main contents of the cable: a summary, a collection of specific topics and a comment section.

To understand the justification used for the classification of each cable, please use this WikiSource article as reference.
Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol). Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #09MADRID392.

Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
09MADRID392 | 2009-04-17 06:06 | 2010-12-01 23:11 | CONFIDENTIAL | Embassy Madrid

`

    VZCZCXRO2165
    OO RUEHDBU RUEHFL RUEHKW RUEHLA RUEHNP RUEHROV RUEHSR
    DE RUEHMD #0392/01 1070607
    ZNY CCCCC ZZH
    O 170607Z APR 09
    FM AMEMBASSY MADRID
    TO RUEHC/SECSTATE WASHDC IMMEDIATE 0523
    INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE IMMEDIATE
    RUEHLA/AMCONSUL BARCELONA IMMEDIATE 3951
    RUCNFB/FBI WASHDC IMMEDIATE
    RUEHNO/USMISSION USNATO IMMEDIATE 1553
    RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC IMMEDIATE
    RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0497
    RUEHMD/USDAO MADRID SP IMMEDIATE
    RUEKJCS/SECDEF WASHDC IMMEDIATE
    RHEHNSC/NSC WASHDC IMMEDIATE
    RUEILB/NCTC WASHINGTON DC IMMEDIATE
    RUEAWJA/DEPT OF JUSTICE WASHDC IMMEDIATE
    RUEAIIA/CIA WASHDC IMMEDIATE

` `

    Friday, 17 April 2009, 06:07
    C O N F I D E N T I A L SECTION 01 OF 03 MADRID 000392
    SIPDIS
    EUR/WE FOR ELAINE SAMSON AND STACIE ZERDECKI,
    L/LEI FOR KEN PROPP AND CLIFF JOHNSON
    CA/OCS FOR PPLATUKIS AND MBERNIER-TOTH
    INR FOR JANICE BELL
    S/CT FOR MARC NORMAN
    EMBASSY ROME FOR MOLLY PHEE
    PASS TO NSC’S TOBY BRADLEY, CAROLYN KRASS
    PASS TO DOJ’S BRUCE SWARTZ AND DOJ/OIA/PAT REEDY
    EO 12958 DECL: 04/16/2019
    TAGS AORC, PREL, CASC, CJAN, PTER, PGOV, PHUM, PINS, SOCI,
    KCRM, KJUS, KISL, KLIG, SP
    SUBJECT: SPAIN: ATTORNEY GENERAL RECOMMENDS COURT NOT
    PURSUE GTMO CRIMINAL CASE VS. FORMER USG OFFICIALS
    REF: A. MADRID 383  B. MADRID 347
    MADRID 00000392 001.2 OF 003
    Classified By: Charge D’Affaires Arnold A. Chacon for reasons 1.4 (b) a nd (d)
    ¶1. (C) SUMMARY. On April 16, Candido Conde Pumpido, Spain’s Attorney General (AG), publicly stated that prosecutors will “undoubtedly” not support a criminal complaint, filed by a Spanish NGO with the National Court, to investigate six former USG officials, including former AG Alberto Gonzalez, for creating a legal framework that allegedly permitted torture. During a Q&A session of a previously scheduled public address, Conde Pumpido responded to a question on the issue by stating that he will not support the criminal complaint because it is “fraudulent,” and has been filed as a political statement to attack past USG policies. The AG noted that the GOS could not pursue a complaint that targeted USG advisors while a similar suit against the Defense Secretary Rumsfeld (see REF B) had failed. While Conde Pumpido defended the GOS’s investigation of universal jurisdiction cases to defend human rights, he said that the policy will not be used as a toy or a tool to force the GOS into investigating the decisions of another government. The AG added that if there is evidence of criminal activity by USG officials, then a case should be filed in the United States. Addressing next steps, the AG’s press chief subsequently told the media that the Prosecutor’s office will deliver the AG’s recommendation to the National Court, where it will be up to investigating judge Baltasar Garzon - an outspoken critic of the Guantanamo detention facility who has publicly stated that former President Bush should be tried for war crimes - to decide whether to pursue the case or not.  As reported in REFTELs, Conde Pumpido’s public announcement follows outreach to GOS officials to raise USG deep concerns on the implications of this case. END SUMMARY.
    //BACKGROUND ON THE CASE//
    ¶2. (C) As reported in REF B, a Spanish NGO - Association for the Dignity of Spanish Prisoners - in March 2009 requested that the National Court indict six former U.S. officials for creating a legal framework that allegedly permitted torture. The six accused are: former AG Alberto Gonzales; David Addington, former chief of staff and legal adviser to the Vice President; William Haynes, former DOD General Counsel; Douglas Feith, former Under Secretary of Defense for Policy; Jay Bybee, former head of the DOJ Office of Legal Counsel; and John Yoo, a former member of Bybee’s staff. The NGO claimed that Spain had a duty to open a “universal jurisdiction” case because five Guantanamo detainees are either Spanish citizens or were/are Spanish residents. Although he seemed displeased to have this dropped in his lap, Chief Prosecutor Javier Zaragoza on April 1 privately told Embassy officials the complaint - at first glance - appeared well-documented and in all likelihood he would have no option but to open a case.
    //ANNOUNCEMENT FOLLOWS INTENSIVE USG OUTREACH//
    ¶3. (C) Following revelations by the Spanish press that the complaint had been filed, the Acting DCM on March 31 and April 1 phoned FM Moratinos’ Chief of Staff Agustin Santos, and MOJ Director General for International Judicial Cooperation Aurora Mejia about the matter. Both expressed their concern at the case but stressed the independence of the Spanish judiciary. The A/DCM stressed to both that this was a very serious matter for the USG and asked that the Embassy be kept informed of any developments.
    MADRID 00000392 002.2 OF 003
    ¶4. (C) As reported in REF A, Senator Judd Gregg, accompanied by the Charge d’Affaires, raised the issue with Luis Felipe Fernandez de la Pena, Director General Policy Director for North America and Europe during a visit to the Spanish MFA on April 13. Senator Gregg expressed his concern about the case. Fernandez de la Pena lamented this development, adding that judicial independence notwithstanding, the MFA disagreed with efforts to apply universal jurisdiction in such cases.
    ¶5. (C) Zaragoza on April 14 called Embassy Madrid’s FSN Legal Adviser and informed her that a more thorough study had revealed that the complaint was targeted against legal advisors with no executive authority and that it was legally difficult to establish what type of offense the six had committed and the degree to which they participated in the alleged offenses. Zaragoza said the complaint lacked details and was directed against USG policy rather than a specific perpetrator. He said he would ask Conde Pumpido to review whether Spain has jurisdiction in this case and indicated that he hoped the Spanish AG would draft a clear set of rules on how and when Spain should prosecute universal jurisdiction complaints.
    ¶6. (C) As reported in SEPTEL, Senator Mel Martinez, accompanied by the Charge d’Affaires, met Acting FM Angel Lossada during a visit to the Spanish MFA on April 15. Martinez and the Charge underscored that the prosecutions would not be understood or accepted in the U.S. and would have an enormous impact on the bilateral relationship. The Senator also asked if the GOS had thoroughly considered the source of the material on which the allegations were based to ensure the charges were not based on misinformation or factually wrong statements. Lossada responded that the GOS recognized all of the complications presented by universal jurisdiction, but that the independence of the judiciary and the process must be respected. The GOS would use all appropriate legal tools in the matter. While it did not have much margin to operate, the GOS would advise Conde Pumpido that the official administration position was that the GOS was “not in accord with the National Court.” Lossada reiterated to Martinez that the executive branch of government could not close any judicial investigation and urged that this case not affect the overall relationship, adding that our interests were much broader, and that the universal jurisdiction case should not be viewed as a reflection of the GOS position.
    ¶7. (C) Meanwhile, the Embassy has been involved in DOJ-led talks to have Zaragoza - who attended the April 16 press conference - lead a four-person team of GOS officials to Washington for a possible meeting with U.S. Deputy AG David Ogden or AG Eric Holder during the week of May 18. Zaragoza’s wife, who is Conde Pumpido’s chief of staff, would reportedly be one of the four.
    //COMMENT//
    ¶8. (C) Although not legally binding on the National Court, Conde Pumpido’s announcement puts pressure on crusading judge Garzon, who has not yet accepted the case, not to proceed with the investigation. As described in REF B, Zaragoza has indicated to Post - and reconfirmed this in his April 14 phone call in Para 3 - that he would argue that the case should not be assigned to Garzon and instead would recommend that Garzon’s colleague, Investigating Judge Ismael Moreno, should be assigned the case. Zaragoza said the case ties in with Moreno’s ongoing investigations into alleged illegal “CIA flights” that have transited Spain carrying detainees to Guantanamo. Zaragoza acknowledges that Garzon has the “right of first refusal,” but has told Post that if Garzon
    MADRID 00000392 003.2 OF 003
    disregards his recommendation and takes the case, the prosecutor will appeal. When a judge disagrees with the prosecutor on how or what to investigate, then the prosecutor has the right to appeal to a higher court, in this case the National Court’s Criminal Chamber, led by Javier Gomez Bermudez. During this period in which the jurisdiction of the case is in question, Garzon could still proceed with the case, including preparing MLATs to question to the accused, formally naming the accused as defendants, and issuing arrest warrants against them. Investigating judges in Spain, including and especially Garzon, have used this tactic frequently, particularly when these actions are popular with sizable segments of the Spanish population. This worst-case scenario remains a possibility at this point. Zaragoza has also told us that if a proceeding regarding this matter were underway in the U.S., that would effectively bar proceedings in Spain. We intend to further explore this option with him informally (asking about format, timing, how much information he would need, etc.) while making it clear that the USG has not made a decision to follow this course of action. CHACON

`